The High Court · 2025

Madipally Srinivas, S/o. Late Rajaiah, Profession: Junior Assistant (Outsourcing Employee) at Tourism Department, Govt. of Telangana, Aged about 33 years, Caste BC-B (Goud), Address 2-46, Village Ramaiahpally (Budhavarampeta), Mandal Ramagiri, District: Peddapalli, Telangana-505184. AND ...PETITIONER

1. The Union of lndia, Rep by its Secretary Ministry of Finance New Delhi. 2. The Reserve Bank of lndia, Rep by its Chief General Manager, 6 Sansad Marg, New Delhi - 110001

3. The Station House Officer, Police Station - Ramagiri, Hanumakonda District, Telangana.

4. SBI Card, Rep. by lts Chief Manager, Address 401 and 402,4thFloor, Aggaruval Millennium Tower E-1 ,2,3, Netaji Subhash Place, New Delhi - 110034

5. Yes Bank Limted, Rep. by lts Chief Manager, Address: YES BANK House, Off Western Express Highway, Santacruz East, Mumbai, Maharashtra - 400055 6. HDFC Bank Limited, Rep. by lts Chief Manager, HDFGBank House, Senapati Bapat Marg, Lower Parel (West), Mumbai -400013.

7. HDB Financial Services Limited, Rep. by lts Chief Manager, Registered Office: Radhika, 2nd Floor, Law Garden Road, Navrangpura, Ahmedabad - 380009

8. Bajaj Fihahce, Rep. by lts Chief Manager, Address Akurdi, Pune, Maharashtra, lndia 41 1035. .

9. IDFC First Bank Limited, Rep. by lts Chief Manager, The Square, C-61, G Block, Ground Floor To 8th Floor, Bandra (urla CompleL, pqrldra Eqs.-t. . -. . Mumbai -400051.

10. _SBl Bank Limited, Rep.ly lts Chief Manager, State Bank Bhavan, Vidhan Bhavan Marg, Narimair prjint, uumoii, rrai-niiasntra +Ooozi. -'-", ' '""-'' ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order, or Direction, particurarry one in the nature of a writ of Mandamus. r) The actions of respondents Nos. 4 to 16 are hereby decrared as high-handed, arbitrary, and unlawful, as they endeavor to recover amounts from the petitioner without adhering to the circular dated 12.0g.2022, referenced as RBI 12022-231 108, DoR. oRG. REc.65/2 1 .04 .1 sB 12022-23, issued by respondent No. 2. Furthermore, the inaction of respondent No. 2 in failing to regitimatery safeguard the interests of the petitioner by dury enforcing the aforementioned circular is deemed ifiegar, arbitrary, and unconstitutionar, constituting a vioration of Articles '14, 19, and 21 of the constitution of rndia. il).rnstruct respondents numbered 4 to 16 to adhere to the circurar dated August 12,2022, referenced as RBll2o22-231 108, DoR. oRG. REc.65/21.o4.1 s\r2o22-23, issued by respondent number 2. lll).Direct the respondent no.2 to duly enforce the circular dated 12.08.2022 vide RBU2o22-23t1o8, DoR.oRG. REc.65/2i.04. 1s}t2o22-2 to protect the interests of the petitioner against the respondent nos.4 to 16. lV). direct the respondent no.2 to undertake rigorous measures against the errant officiars of respondent nos.4 to 16 for unrawfu[y, iflegalry, and arbitrariry attempting to recover sums from the petitioner without adhering to any due process of law, and to issue such further directives oi orders as this Hon,ble court may consider appropriate and just in light of the circumstances.of the case, in the interest of justice, equity, and good conscience. lA NO: 1 OF 2025 Petition under.section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased direct respondents nos. { to .t0 to abstain from ,elec.gtllg any,cgerciyerneasures against the petitioner without adhering to the due process of law and mandatorily complying with the circular dated 12.o8.2022, referenced as RBlt2o22-23l,to}, DOR.ORG.REC.65121 .O4.1SB|2O22-2, issued by respondent no. 2, pending the I , i ) adjudication of the writ petition. Furthermore, it is respectfully requested that this Hon'ble Court may issue such other directives as it may find appropriate and just in the prevailing circumstances, in the interest of justice, equity, and sound conscience. Counse! for the petitioner: SRI PONAMPELLI RAVI Counsel for the Respondents Nos.2 ,4 to 10: A. KRANTHI KUMAR REDD' counsel for the Respondent No.1: DEPUTY soLtctToR GENERAL OF INDIA Gounsel for the Respondent No.3: Gp FOR HOME The Court made the following: ORDER i ; : I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.27O3O of 2025 OTiTDTSIiE Heard Sri Ponampelli Ravi, learned counsel for the petitioner and Sri A.kranthi Kumar Reddy, learned Standing Counsel for respondent Nos.2, 4 to 10.

2. Despite service of notice, none appeared for remaining respondents. \ \

3. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised i. this writ petition is squarely ( ( covered by the order passed by this court in w'P'No'5200 of 2024' dateci 2s.o4.2o24 and therefore, the same order may be passed in this writ petitionaswell.Theoperativeportionofthesaidorderreadsasunder: '8. For the aforesaid reasons a1d as the procedure N""'+ to 7 for recovery of loan adopted by the ""po'iili amount from the petrt'oner' amounts to violation of the rights India' this Court deems it appropriate to direct the s'*;;;;J"a"ia'til-r""'t4and2roftheConstitutionof respondents'tot""'*itttttf'"ae"ltlengagedbythemfor recoveryofthel"";;;"tt"'"shall"i'rcuyfollowthe guidelines and instrtr."ti""" lssued by- the Reslrve Bank of bi tttt Honble supreme court India and also tht j';;;;t" r"rr"j" case (i supra) and in lcrcr Bank Ltd v::;;;;;; IcIcIBankVs.Shanii.D-;Eh"rrna'Scase(2supra).. g'Withthe"Uout;;direction'thewritpetrtronls disPosed of'"

4.LearnedcounselforrespondentNos'2'4tol0havcnoobjection'

5. Accordingly, in terms of the order passed by this Court ln W.P.No.52ooof2024,dated25.04.2024,andforthereasonsalike,thiswrit t I 2 ,1 Petition is disposed of directing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated t2.O8.2O22 and also the judgments of Hon'ble Supreme Court in ICICr Bank Ltd. v. prakash Kaurrls case and IcIcI Bank v. shanti Devi sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shall ptand closed. //TRUE COPYII SD/- B. REKHA OFFICER \ To, 1 The Secretary, Union of lndia, Ministry of Finance, 2 The Chief Generat Delhi - 110001 Manager, Reserve Bank of tndia, 6 Sansad Marg, New 3' +3ia"tJAIT House officer, Police station - Ramagiri, Hanumakonda District, Qard, Address 401 and 4 Mirenniumrowdre_i1,s,"rvlt, jisl-o"riil,d;,#t?#,B j,l.,?:?flBn?*r,

4. The Chief M.1lrg"!98.! 5' The chief Mllrggf,ygs Bank Limted, AddressyEs BANK House, off ti Ci# 6. The Chief Manaoer HDtrl^ Era^r. r :-:r_ ria i, Ma ha ra sn* - 4000s s M;;*;I;il,T:,%??,[350:ilXH#[iBBi,?r?'"BankHouse,senapatiBapat western exp resi n ;s i;;y;'s .E;;i:il.r "'n

7. The Chief Manaoc. r-trtEr E;^^- t ffi hid;2;'jEff I'fl?pJjiffi 'R,,*:,i:x?H3;t*,x??ij::?x31ff lfio8lief Manager, Bajaj Finance, Address Akurdi, pune, Maharashtra, rndia ',fuli''"r#ili';fi 'p,5s,,'a:'rf,:,,r#T3:%r,!?,.s;ff :;E;T;fi fl.'.r{,_ "il:;"'"r,H:ffi":r,:,f, L",i*,turEi;$,in5.??t!?*van,vidhanBhavan 11.One CC to SRt PONAMPELLI RAV|, Advocate tOpUCI 12.One CC to SRtA. KRANTH, KUMAR REDDY. tOpUCl " IY&:"?:fl Fi#?R 14. One CC to DEpUTy SOL Hor/E, Hisr' courr;,;; orreransana at ,ctToR GENERAL oF,NDIA. touTl % 15. Two CD Copies HIGH COURT DATED i0711112025 I I c () t * THE S T4 f c., ( 23ctc M 0,..! l),AT,' -.t. 'l_ ORDER WP.No.27030 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 39